Divorce Questions & Answers

Q: Married 10y. Home purchased 7y ago under wifes name due to my credit. If we split, do I risk losing home rights w/o

1 Answer | Asked in Divorce, Real Estate Law and Arbitration / Mediation Law for California on
Answered on Dec 11, 2017

This is an incomplete answer. The property is in California. You state you were married when the property was purchased, with only your wife on the grant deed. However, California is a community property state. Therefore, it is presumed to be community property. The presumption is rebuttable.

Some of the factors that will determine the outcome: Who has contributed to the expense of owning and maintaining the property, expenses such as: house payment, taxes, signers on the bank...
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Q: My child support was up'd d/t my ex having more children with another man

2 Answers | Asked in Divorce and Child Support for Oklahoma on
Answered on Dec 11, 2017

The law provides credit for other in home children in some circumstances. Without looking at your case, there would be no way to know if this was properly applied in your case. If you did not have an attorney, you should have an attorney review your case in detail asap!!
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Q: If we have joint legal custody of our child can she file for sole custody if I have a domestic

1 Answer | Asked in Child Custody, Divorce and Domestic Violence for Indiana on
Answered on Dec 11, 2017

Child custody is always modifiable if there has been a substantial change in circumstances since the last order of the court. It would be your ex-wife's burden to show the substantial change. Joint legal custody means that you and your ex-wife are to make major decisions about your daughter's upbringing. The impact of having a domestic batter charge against you would really depend on how that impacts you ability to make decisions jointly with your ex and in the best interest of your child....
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Q: What happens in a provisional order or in a initial hearing for divorce

1 Answer | Asked in Divorce for Indiana on
Answered on Dec 11, 2017

The purpose of the provisional hearing is to issue temporary orders to follow while your divorce is pending. These orders may include: custody, parenting time, child support, spousal maintenance, possession of the marital residence and payment of financial obligations. It will not include a final division of assets or debts or be a final determination of custody, support, parenting time spousal maintenance.
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Q: Does alimony have to end in the state of IL if one of us gets remarried?

1 Answer | Asked in Divorce for Illinois on
Answered on Dec 11, 2017

Maintenance terminates by law upon the remarriage of the party receiving the maintenance unless the parties agree in their Judgment that maintenance will continue even if that party remarries. This is a situation where the parties have the right to agree to deviate from the way the law is typically applied.
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Q: I'm not the biological father but I signed the certificate before I knew. Do I have to pay child support?

1 Answer | Asked in Divorce and Child Support for Florida on
Answered on Dec 11, 2017

You need to hire a very good family law attorney. I suspect you could get out from under a child support obligation, but it is a complex process that will require a highly skilled attorney - and, unfortunately, it will be very expensive. I cannot stress this enough - do it now!!! The longer you wait, the more difficult the likelihood of success will be. Good luck.
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Q: What are the procedures for filing to serve by publication (pro se) if I cannot locate my spouse for divorce?

1 Answer | Asked in Divorce for Illinois on
Answered on Dec 11, 2017

Simply check with the Clerk of the Court in your county, and they will tell you in what newspapers you should publish, and follow the procedures they recommend
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Q: Texas married, Now couple living abroad. Can a returning spouse file for divorce from WA state, or only Texas? No kids.

1 Answer | Asked in Divorce for Texas on
Answered on Dec 11, 2017

Divorce can only be initiated if and when the residency requirement has been made. For instance, some states require having a physical presence in one state for 3 months compared to 30 days in the other. So when the residency requirement is made, a divorce can be initiated along with the grounds of divorce which must be applied as well. If you are not in the same state as your spouse, they may be able to use Divorce by Publication, by claiming they don't know and can't find your whereabouts....
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Q: does it mean I'm not married?

1 Answer | Asked in Divorce for Arkansas on
Answered on Dec 11, 2017

Please contact an attorney. Most likely the statement implies that the marriage was dissolved or annulled as per that date. Therefore, you are no longer married.

Ahsan A. Syed, PSC // Law Office of Stephanie E. Emanuel (the attorney) answers and comments to questions are for general purposes only and does not establish an attorney-client relationship without a signed retainer.
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Q: I pay $1250 spouse + ins for 40 yrs I am 90yrs old can't pay any longer Any newer law to stop Pls help 40 YEARS!!

1 Answer | Asked in Divorce for Virginia on
Answered on Dec 11, 2017

Which court issued your divorce decree. If a Virginia court awarded spousal support it could be modifiable depending on what the Order says. If you agreed to pay spousal support in a separate agreement with you ex-wife, it may not be modifiable. It depends on what the Agreement says. If the divorce decree was issued in Virginia, you should have a Virginia attorney review it to determine if it is modifiable.
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Q: If my ex files for divorce in Florida, while I'm in Fairfax Virginia, which state determines child support?

1 Answer | Asked in Divorce, Arbitration / Mediation Law and Child Support for Virginia on
Answered on Dec 11, 2017

It depends on whether or not the court in Virginia can obtain personal jurisdiction over your ex. If so, then they can award child support based on Virginia guidelines. Otherwise, it may likely be based on the laws of the state in which he lives.
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Q: Wife abandone'd me week before thxgiving.living with her mother can I change locks on house to keep her out of house

1 Answer | Asked in Divorce for North Carolina on
Answered on Dec 11, 2017

The short answer is yes, you can change the locks. You own the property - you can do with it what you wish. Lawyers prefer that you not change the locks unless your spouse has indicated to you that she is leaving with the intent not to resume the marital relationship and you can prove it or if she has not indicated that intent to you, that you send her a letter (preferably certified) that states you consider her abandonment permanent and that she is not to return or words to that effect....
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Q: I received a dispossession notice on Nov.28. it had to be answered on the 8th of December. I answered it, what's next in

1 Answer | Asked in Divorce, Family Law and Landlord - Tenant for Georgia on
Answered on Dec 11, 2017

This isn't a family law question. You should re-post in landlord-tenant law section.
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Q: Help!!!

1 Answer | Asked in Divorce, Family Law and Child Custody for South Carolina on
Answered on Dec 10, 2017

How did you let the kids go without not knowing where they would be staying? Sorry to say but that was careless unless he has moved or given you wrong address. Please consult with a lawyer and a Private Investigator to locate your children and file a petition for custody. This will not be easy or cheap. Reach out for a free consultation to go over your options. The longer you wait for the more rights you lose out on and the tougher it will become to get them back. Free consultations are offered...
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Q: Can my ex sue me for the cost of the inter net bill thats no longer in my name i transferrd it in his name

1 Answer | Asked in Contracts, Criminal Law and Divorce on
Answered on Dec 10, 2017

How much is the bill? And who owed it you initially or him? Whoever owes it from the beginning should make arrangements to pay for it. Your question and summary are not clear. You can and should use a free consultation with an attorney to go over your options.

Ahsan A. Syed, PSC // Law Office of Stephanie E. Emanuel (the attorney) answers and comments to questions are for general purposes only and does not establish an attorney-client relationship without a signed retainer.
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Q: I have 3 children 2 of which is not my husbands. We been married for 2 years. Am I entitled to child support

1 Answer | Asked in Child Support and Divorce for Georgia on
Answered on Dec 10, 2017

You can request child support from the biological parents. Please consult with an attorney using free consultation if you need further assistance.

Ahsan A. Syed, PSC // Law Office of Stephanie E. Emanuel (the attorney) answers and comments to questions are for general purposes only and does not establish an attorney-client relationship without a signed retainer.
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Q: I live in oregon and was wondering Can my husband who Im currently separated from and in the process of filing

2 Answers | Asked in Divorce for Oregon on
Answered on Dec 10, 2017

Court will weigh and review the evidence so relied upon in defense or against you by your ex and decide the matter on merit. In each and every custody matter welfare and interests of kids are of prime importance.
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Q: My husband has the only car and we are Divorcing. I am keeping the three children. am I entitled to the car?

1 Answer | Asked in Divorce for Georgia on
Answered on Dec 10, 2017

He does not have to. But think about it, would you like him too if so ask him, if he is willing than Yippee! If not, I wouldn't advice you to fight for it in court since it would just increase your litigation expense. Don't hesitate to reach out to an attorney for a free consultation.

Ahsan A. Syed, PSC // Law Office of Stephanie E. Emanuel (the attorney) answers and comments to questions are for general purposes only and does not establish an attorney-client relationship without a...
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Q: Can my wife of 21 years w/ no dependent children get alimony if she makes more money than I do?

1 Answer | Asked in Divorce for Alabama on
Answered on Dec 10, 2017

Ref your question. Your wife has to substantiate her allegations of adultery that you can well judge what evidencial proof(s) can she rely upon or not. Courts never decide on mere allegations but render judgments on solid evidence and verifiable facts. The question may arise as to when did she come to know of your adultery i.e. recently, month ago or years ago. In that case why did she not react in a reasonable time? If her allegations are well founded then questions of divorce and other...
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Q: where can get divorce form ?

2 Answers | Asked in Child Support and Divorce for Texas on
Answered on Dec 10, 2017

Get them online.
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